made on the written agreement of the parties to refer, and shall be filed with the clerk of the court, with the other papers in the case.

SEC. 305. [Referee-Oath.]-The referees must be sworn or affirmed well and faithfully to hear and examine the cause, and to make a just and true report therein according to the best of their understanding. The oath may be administered by any person authorized to take depositions.

SEC. 306. [Same- Compensation.]-The referees shall be allowed such compensation for their services as the court may deem just and proper, which shall be taxed as a part of costs in the case.

EXCEPTIONS.

SEC. 307. [Defined.]-An exception is an objection taken to a decision of the court upon a matter of law.

SEC. 308. [When taken.]—The party objecting to the decision must except at the time the decision is made, and time may be given to reduce the same to writing as hereinafter provided. [Amended 1877, 17. Took effect June 1, 1877.]

SEC. 309. [Form.]-No particular form of execption is required. The exception must be stated, with so much of the evidence as is necessary to explain it, and no more, and the whole as briefly as possible.

SEC. 310. [How taken-Record.]-Where the decision objected to is entered on the record, and the grounds of objection appear in the entry, the exception may be taken by the party causing to be noted, at the end of the decision, that he excepts. SEC. 311. [Bill of exceptions.]-When the decision is not entered on the record or the grounds of objection do not sufficiently appear in the entry, the party excepting must reduce his exceptions to writing within fifteen (15) days, or in such time

SEC. 305. Failure to take oath waived by parties proceeding to trial without objection. 5 Neb. 126, 156. SEC. 307. Exceptions defined. 2 Neb. 316. General, unavailing. 1 Neb. 129. 2 Id. 360. 4 Id. 231. 11 Id. 768. Must be specific and definite. 5 Neb. 187. 8 Id. 122, 388. Plaintiff objects "as before"; too indefinite. 12 Neb.602. Must be taken at the time. 3 Neb. 356. 6 Id. 225. 1 Id. 361. 25 Id. 76. Must be taken in trial court first. 2 Neb. 316. 13 Id. 378. 16 Id. 31. 17 Id. 415. Must follow particular order excepted to. 11 Neb. 440. To admission or exclusion of evidence must be definite. 11 Neb. 168. Ground of objection should be stated, together with ruling of court. 3 Neb. 235. 4 Id. 48. 12 Id. 86. If not taken, error unavailing. 13 Neb. 155. Must be taken to improper and illegal testimony if it is sought to review it. 7 Neb. 353. 8 Id. 317. 12 Id. 601. 13 Id. 488, 491. Exception not waived by cross-examining respecting it. 14 Neb. 237. Not good practice to admit evidence without objection, and then ask for its exclusion. 15 Neb. 101. Ordinarily; where an objection to testimony is not made when it is offered, and before it has gone to the jury, it should be deemed waived. 15 Neb. 101. On ground that petition does not state cause of action, may be taken at any time during trial. 7 Neb. 318. 8 1d. 308. 17 Id. 41. The practice of objecting on the trial to insufficiency of petition is not to be encouraged. 17 Neb. 572. To instructions; must be taken in order to review alleged error in giving. 7 Neb. 222. To instructions; must be specifically pointed out in motion for new trial. 17 Neb. 435. Erroneous instructions in criminal cases must be excepted to, etc., unless error is so vital in its nature as not to justify the conviction of the accused. 12 Neb. 66. 4 Id. 530. Id. 164. In capital case want of exception will not necessarily deprive prisoner of right to new trial for errors prejudicial to him. 9 Neb. 302. Same rules prevail in criminal as in civil cases. 7 Neb. 329. Not necessary to final judgment. 4 Neb. 375. 6 Id. 224. 7 Id. 459, 9 Id. 256. 17 Id, 401. Necessary to review order making up pleadings. 6 Neb. 351. If court err in refusing to suppress deposition, yet if no objection is made to its being made at trial, error is unavailing. 4 Neb. 360. Exception must be taken to order suppressing deposition. 7 Neb. 329. Necessary to be made to review order granting or overruling motion for new trial. 7 Neb. 192. 11 ld. 437, 440. Necessary to review action of court in finding generally when asked for specific findings. 7 Neb. 193. Necessary to review alleged erroneous rulings of court. 7 Neb. 459.

2

SEC. 308. The original sections required bill to be signed in term. 1 Neb. 175. 3 Id. 265, 158, 191. 5 Id. 218. 16 Id. 39. Section cited. 12 Neb. 230, 602. SEC. 310. Cited 24 Neb. 406.

SEC. 311. Under code of 1866. 1 Neb. 175. 3 Id. 191. 3 Id. 265. 5 Id. 218. Unless authenticated as provided by law, supreme court cannot consider it. 13 Neb. 502. Authentication by clerk. 9 Neb. 39. 14 Id. 452. 17 Id. 642. Statute relative to, construed liberally. 18 Neb. 571. 24 Id. 651. 22 Id. 146. Should be signed by judge who tried case even after expiration of term of office. 16 Neb. 38. Judge has no authority to sign if bill is not served on adverse party. 16 Neb. 423. Trial before referee; referee should sign bill and not judge. 10 Neb. 331 12 ld. 162. And such bill is not subject to provisions of this section. 12 Neb. 162. If bill be signed by a judge and not referee, and no objection is made in district court, such objection will not be considered in supreme court. 14 Neb. 59. Stipulation of facts not signed by judge cannot take place of. 8 Neb. 437. Nor stipulation of attorneys that record is correct. 8 Neb. 35. Nor stipulation of counsel agreeing upon, unless bill is settled or signed by judge or clerk. 15 Neb. 145. By judge, prior to amendment of 1881. 8 Neb. 97, 320, 529. See also 25 Neb. 74. For purpose of settling, trial term continues until judgment is rendered. 8 Neb.529. Continuance of hearing of motion for new trial to subsequent term does not operate to extend time; yet bill will be considered in supreme court for purpose of determining whether verdict is sustained by evidence. 11 Neb. 526. 16 Id. 130. Taken in county court, presumption that it was prepared then, though not signed until a few days afterwards. 17 Neb. 186. Bill should contain all the evidence. 4 Neb. 24, 582. 20 Id. 594. 22 Id. 77. 25 Id. 436. Not sufficient to state that it contains "sabstance of evidence bearing on issues." 25 Neb. 436. 6 Neb. 417. Where exception is to admission of illegal evidence bill need not contain more than testimony necessary to explain it. 12 Neb. 230. And where opposite counsel have agreed to correctness of bill. 12 Id. 230. If opposite counsel certify that he has no amendments to propose, pr sumption is, it contains all the evidence, though certificate of judge does not so state. 14 Neb., 60. Inability of reporter to furnish transcript. 32 Id., 291. Motion to quash after brief filed, too late. 35 Id., 683, Time extended by court, not judge. 33 1d., 260. Time extended after 40 days expired. 32 Id., 514. If material

as the court may direct, not exceeding forty (40) days from the adjournment of the court sine die, and submit the same to the adverse party or his attorney of record for examination and amendment if desired. Such draft must contain all the exceptions taken upon which the party relies. Within ten days after such submission the adverse party may propose amendments thereto and shall return said bill with his proposed amendments to the other party, or his attorney of record. The bill and proposed amendments must, within ten days thereafter, be presented by the party seeking the settlement of the bill to the judge who heard or tried the case, upon five (5) days notice to the adverse party, or his attorney of record, at which time the judge shall settle the bill of exceptions. If no amendments are proposed, or if proposed and allowed, the proposed bill may be presented with the amendments, if any, to the judge for settlement without notice to the adverse party or his attorney of record. When settled, the bill must be signed by the judge with his certificate to the effect that the same is allowed. In case of the death of the judge or when it is shown by affidavit that the judge is prevented by sickness, or absence from his district, as well as in cases where the parties interested shall agree upon the bill of exceptions (and shall have attached a written stipulation to that effect to the bill), it shall be the duty of the clerk to settle and sign the bill in the same manner as the judge is by this act required to do; and shall thereupon

evidence has been omitted, certificate that bill contains all the evidence used on the trial not conclusive. 15 Neb. 231. Evidence excluded and grounds therefor. 5 Neb. 230. 10 Id. 235. 17 Id. 584. 10 Id. 388. 16 Id. 502. Evidence and papers not properly a matter of record. 6 Neb. 102, 16 Id. 135, 286, 566. Documentary evidence excluded. 16 Neb. 248. The fact there was no evidence, where evidence is necessary. 10 Neb. 185. Evidence at trial and newly discovered evidence must be set out, where petition for new trial is filed after term. 24 Neb. 759. Objections made to admission of improper testimony. 22 Neb. 337. Evidence must be preserved in bill, if error is alleged that verdict is against evidence. 25 Neb. 76. Depositions. 14 Neb. 529. Reasons for granting new trial not otherwise apparent from the record. 15 Neb. 226. Where, in the assessment of damages for right of way for a railroad by a jury, a plat of the land, showing the location of the road, etc., is used, a record of the evidence is not complete without it. 15 Neb. 231. Exceptions to argument of attorney. 16 Neb. 152. Affidavits. 6 Neb. 102. 8 Id. 36. 10 Id. 10. 11 Id. 522. 15 Id. 401, 406, 630. 16 Id. 130, 135, 286, 372, 566. 17 Id. 149, 595. 19 Id. 148, 538. 20 Id. 579. 22 Id. 146, 200. Affidavits used at hearing of motion to dissolve attachment. 25 Neb. 375. Affidavits not preserved by bill will not be considered even though they may be attached to a motion. 16 Neb. 373 (overruling 14 Neb. 132). Papers stricken from files. 7 Neb. 355. Bill should not contain: Arguments of counsel and remarks of court. 7 Neb. 329. Instructions, motion for new trial, etc., required to be filled with clerk and entered on journal. 9 Neb. 39. 11 Id. 233. 15 Id. 23. Exceptions to final judgment. 4 Neb. 375. Duty of adverse party to propose amendments and return bill within time. 12 Neb. 207. 13 Id. 199. If bill is not submitted to adverse party it may be quashed; and if there is no receipt or other evidence in the record, affidavit stating delivery must show when and to whom bill was delivered. 13 Neb. 222. Extension of time to "present" bill, Held, Tomean time within which to prepare bill and present same to adverse party. 18 Neb. 570. Where time to prepare bill is extended, not necessary to preserve the evidence on which such extension was granted; nor is such order subject to review; provisions of code liberally construed. 24 Neb. 651. Inability of court reporter to prepare; bill may be signed by judge after time. 22 Neb. 146. Will not be dismissed upon the ground that it was not presented to trial judge for his settlement and allowance within ten days from its return to the party seeking allowance of bill by opposite party, unless it shall appear that bill was not presented to such judge within fifteen days, or such additional time, not exceeding forty days from the adjournment of the court sine die, as might have been allowed by the court, and twenty days additional, making, in a case of full extension of the time allowed for the completion of the bill, sixty days in all. 23 Neb. 222. Presented to adverse party within time fixed should be examined and returned with proposed amendments; if returned on alleged ground that time has expired, objections to bill waived. 25 Neb. 74. Procedure to settle pointed out in First National Bank v. Bartlett, 8 Neb. 319, adhered to. 25 Neb. 74. If amendments are proposed after time, and bill is signed without objection, adverse party waives objection as to time within which bill was presented. 14 Neb. 56. Objection as to time waived by attorney endorsing "examined and found correct." 14 Neb. 413. Time in which bill is to be prepared begins to run from final adjournment of court; motion to quash overruled, unless date of adjournment is shown by record. 20 Neb. 508. Signed without being submitted to adverse party, quashed on motion. 15 Neb. 645. Papers marked by initials of judge, written by himself, not stricken out. 18 Neb. 571. Bill held by trial judge and signed after time up; appellant not deprived of his right of appeal. 19 Neb. 396. Motion to set verdict aside; cause continued; remittitur entered, Held, That party had statutory time in which to prepare bill after filing of remittitur. 20 Neb. 35. Amended by adverse party, and then signed, Held, A waiver of all objections as to form. 17 Neb. 186. Allegations that bill was mutilated by adding certain words, not considered unless made to appear that mutilation was done by plaintiff in error or his attorney. 17 Neb. 285. Judge should not erase his name after bill is filed. 12 Neb. 207. Sec. 311, code, applies to legal and equitable actions. 10 Neb. 17. But not to justice of peace. 11 Neb. 528. Nor to referee. 12 Neb. 162. Bill no part of record unless by statute; and not proper in cases before justice unless tried by jury. 3 Neb. 342. 4 Id. 96. 7 Id. 127. 7 Id. 244. 9 Id. 39. Original used in supreme court must be certified to by clerk of district court. 17 Neb. 520, 642. 14 Neb. 57. 23 Id. 650. Objections in supreme court must be either by motion to quash or at final hearing. 5 Neb. 217. 14 Id. 431. 17 Id. 642. On motion to quash, objections must be specific. 17 Neb. 186 Objections to matters of form, by which it is sought to quash the bill, must be made within a reasonable time after bill is filed in appellate court; and where not made for more than a year after filing of transcript, and after case is set for trial, and plaintiff has prepared and printed briefs on the main issue, such objections will be deemed to be waived. 23 Neb. 650. Objection to a bill taken before justice not made in district court will not be considered. 14 Nob. 435. When considered for purpose only of determining whether verdict is sustained by evidence. 11 Neb., 526. 24 Neb., 403. Should be preserved in equity cases. 12 Neb., 577. Bill not necessary to obtain review of judgment sustaining demurrer to petition in equity. 22 Neb., 658. Bill necessary only to bring into record that which, without one, would not be part thereof. 13 Neb., 256. Necessary to present alleged errors occurring at the trial. 14 Neb., 83. Want of, not sufficient to warrant a summary dismissal of proceedings in error. 14 Neb., 430. 456. Mandamus lies to compel judge to sign bill. 14 Neb., 84. Even after expiration of his term of office. 16 Neb.. 40. Certificate of county judge that "plaintiff introduced evidence tending to prove," etc., Held, Sufficient on error, 14 Neb., 240, Section cited 24 Neb., 63, 407. Defendant not returning bill in time no waiver of plaintiff's default. 27 Neb., 615. Judge cannot sign after time, though plaintiff mistook as to time, 27 Neb., 669. Affidavits. 31 Id., 119. As exhibits. 30 Id., 187. On change of venue. 31 Id., 285. Stipnlation of attorneys as to contents. 8 Neb.. 34. 30 Id.. 552. Signed out of time considered to determine weight of 31 evidence. 11 Neb., 525. 16 Id., 130. 30 Id., 775. Judge may settle after his term has expired. 16 Neb., 37. Id., 312.

be filed with the papers in the case, and have the same force and effect as though signed by the court. In cases where a party seeking to obtain the allowance of a bill of exceptions has used due diligence in that behalf, but has failed to secure the settlement and allowance of the same as herein required, it shall be competent for the judge who tried the cause, upon due showing of diligence and not otherwise, to extend the time herein allowed, but not beyond forty days additional to that herein provided, making such specific directions in that behalf as shall seem just to all parties. [Amended and took effect Mar. 1, 1881.]

SEC. 311 a. [Act applies to all cases.]-SEC. 2. This act shall apply to all cases hereafter decided as well as all that have been already adjudicated by final order or judgment; and that the provisions of this act shall apply to actions in equity sought to be appealed to the supreme court, under the act of March 3, 1873, entitled "An act to provide for appeals in actions in equity." [1881, § 2, 204.]

SEC. 312. [Disregarded, when.]-No exception shall be regarded, unless it is material, and prejudicial to the substantial rights of the party excepting.

SEC. 313. [Withdrawal from files.]-Exceptions taken to the decision of any court of record may, by leave of such court, be withdrawn from the files by the party taking the same, at any time before proceedings in error are commenced, and before the exceptions are recorded.

NEW TRIAL.

SEC. 314. [Defined-Grounds for allowance.]-A new trial is a re-examination in the same court of an issue of fact after a verdict by a jury, report of a ref eree, or a decision by the court. The former verdict, report, or decision shall be vacated, and a new trial granted on the application of the party aggrieved, for any of the following causes affecting materially the substantial rights of such party: First-Irregularity in the proceedings of the court, jury. referee, or prevailing party, or any order of the court, or referee, or abuse of discretion, by which the party was prevented from having a fair trial. Second-Misconduct of the jury or prevailing party. Third-Accident or surprise, which ordinary prudence could not have guarded against. FourthExcessive damages, appearing to have been given under the influence of passion or prejudice. Fifth--Error in the assessment of the amount of recovery, whether too large or too small, where the action is upon a contract, or for the injury or detention of property. Sixth-That the verdict, report, or decision is not sustained by sufficient evidence, or is contrary to law. Seventh--Newly discovered evidence, material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial. Eighth-Error of law occuring at the trial, and excepted to by the party making the application.

6 Neb.

SEC. 314. Discretion of court. 13 Neb. 373. 20 Id. 372. 24 Id. 549. Jurisdiction of supreme court. 253. Presumption. 25 Neb. 537. Granting of new trial not interfered with. 15 Neb. 226. Grounds for do not embrace plea in abatement. 15 Neb. 212. New trial granted under particular state of facts. 4 Neb. 111. 5 Id. 477. 7 Id. 288. 8Id. 389. 91d. 395, 526. 10 Id. 452. 12 Id. 116. 6 Id. 309. 15 Id. 47, 331. 17 Id. 51, 72, 171. 19 Id. 527, 396. 20 Id. 514. 23 Id. 178. 24 Id. 549, 808, 724. 25 Id. 498. Granted when jury disregard instructions or evidence. 2 Neb. 342. 12 Id. 599. Not granted on ground of newly discovered evidence, 3 Neb. 165. 8 Id. 389. 13 Id. 397, 438. Or when such evidence is cumulative. 7 Neb. 224. 14 Id. 389. 15 Id 222. 16 Id. 510. 22 Id. 654. Not granted for admission of immaterial evidence. 9 Neb. 181. Or illegal testimony, 7 Neb. 353. Or overruling motion for re-taxation of costs. 14 Neb. 475. Nor while verdict remains in force. 15 Neb. 42. Not granted in cases stated. 7 Neb. 58. 6 Id. 490. 4 Id. 581. 12 Id. 6, 492. 13 Id. 395. 14 Id. 192, 581, 603. 17 Id. 448. 18 Id. 98. Not granted where affidavit is filed that afflant had conversation with juror during progress of trial, which is denied by juror named, and court finds there was no misconduct of juror. 24 Neb. 237. Not granted where it appears as matter of law that upon the conceded facts result must be the same. 21 Neb. 545. Nor on evidence superinduced by extrajudicial statements by trial judge, not in accord with the record of proceedings of trial. 24 Id. 305. Nor for errors occurring upon trial of a cause which could not in any sense have been prejudicial to the losing party. Neb. 630. In action for personal injury where evidence tends to show that injury was committed in a somewhat different manner from that testified to by some of the witnesses on the trial, but does not negative the commission of the injury, it is insufficient to justify the vacating of the judgment. 24 Neb. 758. Not granted by supreme court in original action in nature of action in equity. 25 Neb. 347. New trial on ground of neglect of attorney; under facts stated. Held, That in absence of an affidavit of said F., showing facts constituting such alleged accident or surprise, or showing why such affidavit could not be produced, it was not an abuse of discretion on part of the district court to overrule and deny such motion. 23 Neb. 67. Motion for new trial necessary and error specifically pointed out, assignments being definite. 1 Neb. 398. 3 Id. 117. 5 Id. 356. 8 Id. 387. 13 Id. 68. 23 Id. 98. 25 Id. 122. General assignment sufficient when errors appear from record. 8 Neb. 388. Where motion is made for reasons which would not otherwise be apparent from the record, they should be incorporated in a bill of excep tions. 15 Neb. 226. Motion must include objection to evidence. 13 Neb. 491. Must include objections to instruetions. 32 Neb, 480. In sible as to joint parties. 30 Id.. 657. Forgetting material testimony no ground. Id., 570. Cumulative evidence. 31 Id., 776.

SEC. 315. [Not granted-Smallness of damages.]—A new trial shall not be granted on account of the smallness of damages in an action for an injury to the person or reputation, nor any other action where the damages shall equal the actual pecuniary injury sustained.

SEC. 316. [Application for, when made.]-The application for a new trial must be made at the term the verdict, report, or decision is rendered, and, except for the cause of newly discovered evidence material for the party applying, which he could not with reasonable diligence have discovered and produced at the trial, shall be within three days after the verdict or decision was rendered, unless unavoidably prevented.

SEC. 317. [Same-Upon written motion.]-The application must be by motion upon written grounds, filed at the time of making the motion. It shall be sufficient however in assigning the grounds of the motion to assign the same in the language of the statute and without further or other particularity. The causes enumerated in subdivisions 2, 3, and 7, of section 314, must be sustained by affidavits showing their truth, and may be controverted by affidavits. [Amended March 1. Took effect June 1, 1881. Laws p. 201.]

SEC. 318. [Newly discovered grounds.]—Where the grounds for a new trial could not, with reasonable diligence, have been discovered before, but are discovered after the term at which the verdict, report of referee, or decision was rendered or made, the application may be made by petition filed as in other cases; on which a summons shall issue, be returnable and served, or publication made, as prescribed in section seventynine. The facts stated in the petition shall be considered as denied without answer, and if the service shall be complete in vacation, the case shall be heard and summarily decided at the ensuing term. The case shall be placed on the trial docket, and the witnesses shall be examined in open court, or their depositions taken as in other cases, but no such petition shall be filed more than one year after the final judgment was rendered.

GENERAL PROVISIONS.

SEC. 319. [Rate of damages.] — Whenever damages are recoverable, the plaintiff may claim and recover any rate of damages to which he may be entitled for the cause of action established.

SEC. 320. [Provisions applicable-Trial by court or jury.] — The provisions of this title respecting trials by jury, apply, so far as they are in their nature applicable, to trials by the court.

TIME OF TRIAL.

SEC. 321. [Clerk's books.]—The clerk of the district court shall keep at least

SEC. 315. Cited 1 Neb. 168.

SEC. 316. Motion filed out of term of no avail. 8 Neb. 446. 6 Neb. 532. Mere neglect not same as "unavoidably prevented." 15 Neb. 621. In case stated, motion entitled "Supplemental motion for a new trial." Held, To have been an amended motion for a new trial and a substitute for one filed on the day previous; and having been filled within three days, it was not necessary to obtain leave of court to file it. 23 Neb. 679. Question raised by an amendment to motion for a new trial made after expiration of three days from rendition of verdict or decision, should not be considered. 24 Neb. 237. Not necessary that motion should be decided within three 20 N. 715. Affidavits in support of motion may be fill at any time before submission. 24 Reb. 807 Provisions mandatory. 31 Id., 241, 32 Id., 514. SEC. 317. Instructions not considered under general assignment. 15 Neb. 23, 129. Motion indivisible, and 16 Id. when made by two parties if it cannot be allowed as to both it will be overruled as to both. 15 Neb. 423. 30. 17 Id. 666. 19 Id. 745. 23 Id. 697. 22 Id. 424. Motion must be made in the terms in which it may be allowed. Nor in a cause taken 20 Neb. 115. Motion not necessary to obtain review of equity case on appeal. 12 Neb. 211. on error from justice of the peace. 9 Neb. 504. Nor where no trial has been had. 13 Neb. 256. Nor to obtain review of ruling on plea in abatement. 15 Neb. 212. Not necessary to obtain review of judgment sustaining demurrer to petition in equity. 22 Id. 658. Not necessary when judgment is entered on award of arbitrators. 17 Neb. 596. Not necessary where no trial has been had, where court has merely construed pleadings, sustained or overruled demurrer. 13 Neb. 256. Section cited 25 Neb. 122.

SEC. 318. Allegations must be affirmatively stated; diligence must be shown; petition may be demurred to. 7 Neb. 190. Petition should state facts showing what efforts have been made to correct mistakes, or failing to do 17 Neb. 453. Proceedings under this so, evidence should be stated which will excuse the making of such efforts. section applicable only to causes named in sec. 314. 17 Neb. 69. Section not applicable to criminal cases. 19 Neb. 16. Taking stay of execution is a waiver of right to apply for new trial. 20 Neb. 315. Discretion of court. Neb., 547. Order setting aside judgment a final order. Diligence essential. 34 Id., 26. SEC. 321. Fee book is a public record. 19 Neb., 106. Entries on judgment record.

19 Neb., 306. 7 Id., 171.

24

eight books, to be called the appearance docket, the trial docket, the journal, the complete record, the execution docket, the fee book, the general index, and the judgment record. [Amended to take effect Sept. 1, 1873. G. S. 579, 713.]

SEC. 322. [Same-Entries.]-On the appearance docket, he shall enter all actions in the order in which they were brought, the date of the summons, the time of the return thereof by the officer, and his return thereon, the time of filing the petition, and all subsequent pleadings. On the general index he shall enter the names of the parties to every suit, both direct and inverse, with the page and book where all proceedings in such action may be found. The judgment record shall contain the judgment debtor and the judgment creditor, arranged alphabetically, the date of the judgment, the amount of the same, and the amount of costs, with the page and book where the same may be found. Transcripts of judgments from justices of the peace, or courts of probate, filed in the district court shall be entered upon said judgment record; and whenever any judgment is paid off and discharged, the clerk shall enter such fact upon the judgment record in a column provided for that purpose. [Id.]

SEC. 323. [Trial docket-Judgment by default-Frivolous demurrer.]—The trial docket shall be made out by the clerk of the court at least twelve days before the first day of each term of the court; and the actions shall be set for particular days in the order in which the issues were made up, whether of law or of fact, and so arranged that the cases set for each day shall be tried as nearly as may be on that day. For the purpose of arranging said docket, an issue shall be considered as made up when either party is in default of a pleading. If the defendant fails to answer or demur, the cause for the purpose of this section shall be deemed to be at issue upon questions of fact, but in every such case the plaintiff may move for and take such judgment as he is entitled to, on the defendant's default, on or after the day on which said action shall be set for trial. No witnesses shall be subpoenaed in any case while the cause stands upon issue of law; and whenever the court shall regard the demurrer in any case as frivolous, and put in for delay only, no leave to answer or reply shall be given, unless upon payment of all costs then accrued in the action; Provided, That when the number of actions to be docketed shall exceed three hundred the judge or judges of the district court for the county may by rule or order classify them in such manner as they may deem expedient, and cause them to be placed according to such classification upon different dockets; and the respective dockets may be proceeded with and causes thereon be tried, heard, or otherwise disposed of, concurrently by one or more of the judges; and provision may be made by rule of court that issues of fact shall not be for trial at any term when the number of pending actions shall exceed three hundred, except upon such previous notice of trial as may be prescribed thereby. [Amended 1887, chap. 94. Took effect April 4, 1887.]

SEC. 324. [Cases tried in order.]-The trial of an issue of fact, and the assessment of damages in any case, shall be in the order in which they are placed on the trial docket, unless, by consent of the parties, or the order of the court, they are continued, or placed at the heel of the docket, or temporarily postponed. The time of hearing all other cases shall be in the order in which they are placed on the docket, unless the court in its discretion shall otherwise direct. The court may in its discretion hear at any time a motion, and may by rule prescribe the time for hearing motions, and provide for dismissing actions without prejudice for want of prosecution. [Id.]

SECS. 325-326. [Repealed. Laws 1867, 12th sess. ty., page 7.] SEC. 327. [Bar docket.]-The clerk shall make out a copy of the trial docket and other dockets, if any, for the use of the bar before the first day of the term of court. [Amended 1887, chap. 94.]

SEC. 327 a. [Same.]-The clerk shall make out a copy of the dockets for the use of the bar before the first day of the term of court. [Id.]

SEC. 322. Cited 7 Neb. 171. 19 Id. 306. Neglect of clerk. 10 Neb. 524.

SEC. 324. Discretion of court in passing cases when reached for trial or to set same down for trial on a future. day of the term, stated. 22 Neb. 305.